D SURENDRAN Vs. PRINCIPAL SECRETARY TO GOVT

JUDGEMENT

(1.) The petitioner commenced service as a Police Constable on advice by Public Service Commission. He underwent the ordeal of training for the prescribed statutory period and was posted as Police Constable. By virtue of his seniority he was assigned the rank of Havildar. While so, the Government had come to notice that he was an accused in a criminal case. This resulted in the issuance of Ext. P9 order dated 10-4- 2006. The said order, inter alia, says "the appointment of Shri. D. Surendran, PC 7144 will be regularised only after the clearance of candidature from the Government." Ext. P9 was followed by Ext. P10 order dated 10-4-2006 passed by the Commandant reverting the petitioner to the post of Police Constable. While thus continuing in the reverted post, the Government issued Ext. P11 order dated 10-4-2006 declaring that the candidature of the petitioner for the post of Police Constable has been cleared.

(2.) Ext. P12 representation was filed by the petitioner before the Inspector General of Police to regularise his service from the date of his initial entry as Police Constable as against the order of regularisation given effect to from 27-1-1997, ie. the date of the judgment of the competent criminal court acquitting him of the charges. Ext. P12 representation was disposed of by Ext.P13 order dated 15-7-2006 stating that the petitioner cannot enjoy the privilege of being Police Constable before the date of the order of acquittal by the competent criminal court. The Commandant passed Ext. P14 which is the consequential order. The orders which are against the petitioner are impugned in this writ petition.

(3.) The only question for consideration is whether the petitioner has got the right to enjoy the benefit of regularisation in service from the date of his initial entry in service notwithstanding that the criminal case was pending against him and he had continued in service pending clearance of his candidature.